what is it with 300 3rd party sites popping up everyday? :n:
Anyway, I doubt you've read the new Railworks EULA if you're thinking of releasing them in both?
9. USER-GENERATED CONTENT
Please read this section carefully before creating or making available any user generated content for the Software:
9.1 If you make content for use with the Software (which we will refer to as "user generated content" or "UGC"), you are solely responsible and liable for that user generated content. We don't accept any liability or responsibility for user generated content for the Software, nor do we provide any support for it. Users of the Software create, download, install and use UGC at their own risk.
9.2 Any UGC which you create or make available to other users (even if the UGC you make available was not created by you) must agree to and comply with the following terms and conditions to the fullest extent you are legally able:
(a) Any part of the UGC which comprises or incorporates any of our Intellectual Property Rights (such as our routes, locomotives, rolling-stock or other assets) remains our property;
(b) We have an irrevocable, worldwide, perpetual, payment free right to take any actions we consider appropriate (including without limitation to copy, reproduce, market, advertise, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the UGC), and all consents (if any) required under intellectual property, data protection and privacy laws worldwide, for that use, in respect of any UGC which includes portions of our Intellectual Property as defined above,;
(c) You must include the following message in a prominent manner with any UGC which you make available to other users (this could be in the manual or 'readme' file you provide with the UGC):
"IMPORTANT NOTICE. This is user generated content designed for use with RailSimulator.com Limited’s train simulation products, including RailWorks 4: Train Simulator 2013.
RailSimulator.com Limited does not approve or endorse this user generated content and does not accept any liability or responsibility regarding it.
This user generated content has not been screened or tested by RailSimulator.com Limited. Accordingly, it may adversely affect your use of RailSimulator.com’s products. If you install this user generated content and it infringes the rules regarding user-generated content, RailSimulator.com Limited may choose to discontinue any support for that product which they may otherwise have provided.
The RailWorks EULA sets out in detail how user generated content may be used, which you can review further here:
www.railsimulator.com/terms. In particular, this user generated content includes work which remains the intellectual property of RailSimulator.com Limited and which may not be rented, leased, sub-licensed, modified, adapted, copied, reproduced or redistributed without the permission of RailSimulator.com Limited."
(d) You must not in any way claim or suggest that any UGC is endorsed or supported by, or affiliated with, us;
(e) The UGC must not be used in, or made available to, any other simulator software which is similar to or competes with the Software (if you any doubt about this, please contact
licencing@railsimulator.com);
(f) The UGC must be free from any and all viruses or other damaging software and must not in any way impair or harm the Software;
(g) The UGC must not infringe any third party Intellectual Property Rights or other rights;
(h) The UGC must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us;
(i) The UGC must be designed and used for personal entertainment and not for any business purpose or for any commercial purpose such as, but not limited to, employee traing, route planning or infrastructure design;
(j) You must have the right and ability to meet the terms of this licence (so, for example you must not have agreed to signed a contract with another party on terms that conflict with this agreement);
(k) You must agree that your username and/or other details may be advertised and used in connection with the UGC;
(l) Any software or tools (also known as the 'Editor') that we supply which assist the creation of UGC are provided on an 'as is' basis without any warranty, representation or support by us. They may be amended, altered or removed by us at our discretion at any time. Please note that they will require expert knowledge to be used properly.
9.3 If you breach any of these terms and conditions, then we reserve the right to suspend or permanently remove availability of your UGC or to take any other steps we consider appropriate, including under clause 11.2 of this EULA
Specifically, E
Jamie
